📋 Table of Contents
- FEMA Eligibility: Can NRIs Buy in India?
- Statutory Verification — Step-by-Step
- The 7-Step NRI Property Purchase Process
- Home Loan Options: NRE, NRO & Overseas Income
- Power of Attorney for NRIs
- Tax Obligations: TDS, Capital Gains & DTAA
- Repatriation of Rental Income & Sale Proceeds
- NRI ROI Case Study: Serene Valley 2026–2031
- Ultimate NRI Buyer’s Checklist
- Frequently Asked Questions
For Non-Resident Indians (NRIs) watching India’s real estate market from Dubai, London, Toronto, or Singapore, Dombivli East in 2026 represents one of the most compelling value-vs-growth opportunities in the Mumbai Metropolitan Region (MMR). With prices 35–45% below comparable Navi Mumbai and Thane properties, the Airoli-Katai Freeway set for completion, and a Dombivli Metro station on MahaMetro Line 12 now funded and mapped, the window for under-market entry is rapidly closing.
But buying property as an NRI in India involves navigating a web of FEMA regulations, statutory compliance, TDS obligations, Power of Attorney logistics, and bank account rules that can feel overwhelming from 5,000 kilometres away. This guide cuts through the complexity so you can buy with confidence.
1. FEMA Eligibility: Can NRIs Buy Residential Property in India?
The short answer: Yes — freely and without limit. Under the Foreign Exchange Management Act (FEMA) 1999 and the RBI Master Direction on Acquisition and Transfer of Immovable Property in India (FEMA 21(R)/2018-RB), any person of Indian origin (NRI or OCI/PIO) may:
- Purchase any number of residential or commercial properties in India
- Inherit or receive property as a gift
- Hold, let out, and repatriate income from Indian property
- Sell or transfer property to any resident or non-resident Indian
No RBI permission is required for any of the above transactions. The only restrictions: NRIs may not purchase agricultural land, plantation land, or farmhouses in India (unless inherited).
🌍 Who Qualifies as an NRI for Property Purchase?
- NRI (Non-Resident Indian): Indian citizen residing outside India for more than 182 days in the previous financial year
- OCI (Overseas Citizen of India): Foreign national of Indian origin holding OCI card — same property rights as NRI under RBI Master Direction
- PIO (Person of Indian Origin): Foreign national whose parents/grandparents were Indian citizens — treated equivalently to NRI for property purchase
Payment Rules for NRI Property Purchase
All payments for purchasing immovable property must be made in Indian Rupees (INR) through normal banking channels. Acceptable sources include:
- Inward remittance from overseas via wire transfer to NRE or NRO account
- Funds held in NRE, NRO, or FCNR(B) accounts maintained with an authorised dealer bank in India
- Home loan EMIs debited from NRE or NRO accounts
Payments in foreign currency directly or via traveller’s cheques are not permitted for property purchases in India.
2. Statutory Verification — Step-by-Step
The Real Estate (Regulation and Development) Act 2016 (RERA), implemented in Maharashtra as Statutory, is the NRI’s strongest consumer protection tool. Every registered project must disclose its financials, timelines, escrow account, construction status, and amenity commitments publicly on the Statutory portal.
✅ How to Verify a Project on Statutory
- Visit statutoryit.maharashtra.gov.in
- Click “Projects” → “Search Registered Projects”
- Search by project name (e.g., “Serene Valley”) or promoter name (Emperia Group) under Thane district
- Click the registration number to open the full certificate
- Verify: Registration number, promoter name, RERA escrow account, possession date, and status (ongoing/lapsed)
- Download: Registered sale agreement template and project brochure for clause review
- Check: Quarterly progress reports and any complaints filed against the promoter
What Statutory Protects You Against
- Escrow protection: At least 70% of buyer payments must sit in a dedicated RERA escrow account, withdrawable only against certified construction milestones
- Possession date guarantee: If possession is delayed beyond the RERA-registered date, you are entitled to interest at SBI PLR + 2% from the developer
- Carpet area transparency: RERA mandates sale agreements use carpet area (not super built-up), eliminating builder loading tricks
- Complaint mechanism: NRIs can file complaints with Statutory online — no need to appear in person
3. The 7-Step NRI Property Purchase Process
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Shortlist & Statutory VerificationResearch projects via NRI-focused portals and verify statutory approval. For Serene Valley, request the RERA certificate and registered layout plan from Emperia’s NRI desk via WhatsApp.
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Execute Power of Attorney (PoA)If you cannot travel to India, execute a PoA before your nearest Indian Consulate/Embassy or before a Notary Public (then get it apostilled). Your PoA holder can then sign all documents on your behalf in India.
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Book & Pay Booking AmountRemit booking amount (typically Rs 1–2 lakh) from your NRE or NRO account via SWIFT transfer to the developer’s escrow account. Get a booking receipt with flat number, floor, carpet area, and total consideration.
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Agreement for Sale (AFS) RegistrationThe registered AFS (stamped at 0.1% of consideration + Rs 1,000 registration fee) is your primary legal document. For NRIs signing via PoA, the PoA holder appears at the sub-registrar’s office. Review the AFS for RERA clauses, payment schedule, and possession date before execution.
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Home Loan Sanction (if applicable)Apply to SBI, HDFC, ICICI, or Axis NRI banking vertical with overseas salary proof, employment contract, last 6 months bank statements, and NRE/NRO account details. Loan disbursement is directly to developer escrow in INR.
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Construction-Linked Payment ScheduleRemit each milestone payment from NRE/NRO account as per AFS schedule. Keep all SWIFT transfer receipts (required for repatriation later). Each payment should reference your AFS booking ID.
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Possession & Sale Deed RegistrationUpon OC (Occupancy Certificate) issuance, execute the registered Sale Deed (stamp duty: 5% in Maharashtra, registration: 1%). Collect society share certificate and NOC. Possession can be accepted via PoA holder for NRIs unable to travel.
4. Home Loan Options: NRE, NRO & Overseas Income
Indian banks compete aggressively for NRI home loan business, offering loan-to-value ratios up to 80% with attractive interest rates.
| Bank / HFC | Max LTV | Max Tenure | Approx Rate | Min Income |
|---|---|---|---|---|
| SBI NRI Home Loan | 80% | 30 years | ~8.5% p.a. | USD 2,000/mo |
| HDFC Bank NRI Loan | 80% | 20 years | ~8.65% p.a. | USD 2,000/mo |
| ICICI Bank NRI Loan | 75% | 25 years | ~8.75% p.a. | USD 3,000/mo |
| Axis Bank NRI Loan | 80% | 25 years | ~8.85% p.a. | USD 2,500/mo |
| Kotak Mahindra NRI | 75% | 20 years | ~9.0% p.a. | USD 3,000/mo |
📋 Documents Required for NRI Home Loan
- Valid Indian/foreign passport + OCI/PIO card (if applicable)
- Valid visa / residency permit for country of employment
- Last 3 months overseas salary slips / proof of income
- Employment contract / letter from employer
- Last 2 years overseas tax returns or ITR (where applicable)
- Last 6 months NRE/NRO account statements
- Last 6 months overseas bank account statements
- Property documents: Booking receipt, AFS draft, statutory title certificate
5. Power of Attorney for NRIs
A Power of Attorney (PoA) is the single most important document for an NRI buying Indian property without being present. It authorises a trusted person (family member, lawyer, or CA) to act on your behalf for all property-related transactions in India.
Types of PoA for Property
- General PoA: Broad authority across all matters — use cautiously
- Special PoA (recommended): Limited to specific acts (e.g., “to sign and register the Sale Deed for Flat No. A-801, Serene Valley, Khoni, Dombivli East”) — much safer
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Draft the PoAHave an Indian property lawyer draft the PoA specifying exact powers, property address, and survey/CTS numbers. Serene Valley’s NRI desk can connect you with empanelled lawyers.
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Sign Before Indian Consulate / ApostilleIf in a Hague Convention country (UAE, UK, USA, Singapore, Australia, Canada), sign before a Notary Public and get the document Apostilled. If not Hague, sign before the Indian Embassy/Consulate.
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Send Original to IndiaCourier the original apostilled PoA to your holder in India via tracked international courier (DHL/FedEx). Photocopy is not acceptable for registration.
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Adjudication & Notarisation in IndiaYour PoA holder must get the PoA adjudicated (stamped) at the local stamp duty authority and notarised before use. This makes it valid for Indian registration purposes.
⚠️ PoA Pitfalls to Avoid
- Never give PoA to a stranger or agent you haven’t met in person
- PoA for property registration must specify exact survey/CTS numbers and flat number
- PoA from countries NOT on Hague Convention must be executed before Indian Embassy, NOT a local notary alone
- The PoA can be revoked at any time via a Revocation Notice sent to the holder and the registrar
6. Tax Obligations: TDS, Capital Gains & DTAA
TDS on NRI Property Sale
When an NRI sells residential property in India, the buyer must deduct TDS before paying the sale proceeds:
| Holding Period | Gain Type | Base TDS Rate | With Surcharge + Cess (approx) |
|---|---|---|---|
| Over 2 years | Long-Term Capital Gain (LTCG) | 20% | ~22.88% |
| Under 2 years | Short-Term Capital Gain (STCG) | 30% | ~34.32% |
DTAA Treaty Benefits by Country
| Country | Capital Gains Article | Key Benefit |
|---|---|---|
| UAE | Article 13 | Capital gains from Indian property taxable only in India. UAE does not tax capital gains — no double tax. |
| USA | Article 13 | Capital gains taxable in India; credit for Indian tax claimable against US tax liability. |
| UK | Article 13 | Capital gains taxable in India; UK credits Indian CGT against UK CGT. |
| Singapore | Article 13 | India has primary right; Singapore credits Indian taxes paid. |
| Canada | Article 13 | India has primary taxation right; Canada allows foreign tax credit. |
| Australia | Article 13 | India taxes; Australia credits — both require self-assessment in home country. |
💡 Capital Gains Reinvestment Exemptions for NRIs
- Section 54: Reinvest LTCG from property into another residential property within 2 years (purchase) or 3 years (construction) — entire LTCG exempt
- Section 54EC: Invest LTCG in specified bonds (NHAI, REC) within 6 months of sale — exemption up to Rs 50 lakh
- Section 54F: Reinvesting entire net consideration into a residential property exempts LTCG proportionately
7. Repatriation of Rental Income & Sale Proceeds
Rental Income Repatriation
Net rental income (after TDS at 30% for NRIs, unless DTAA reduces it) collected in an NRO account can be repatriated up to USD 1 million per financial year per FEMA Schedule V. Requirements:
- CA Certificate in Form 15CB certifying taxes paid
- Self-declaration in Form 15CA uploaded on Income Tax e-filing portal before transfer
- For amounts under Rs 5 lakh per transaction, only Form 15CA is required
Repatriation of Sale Proceeds
On selling Indian residential property, an NRI can repatriate sale proceeds (after paying applicable capital gains tax) subject to:
- Maximum of the amount invested through inward remittance (cannot repatriate more than originally brought from abroad)
- Repatriation of up to 2 properties’ sale proceeds in a lifetime (for properties purchased with foreign funds)
- USD 1 million per year cap on NRO account repatriation
- CA certificate (Forms 15CA and 15CB) required
8. NRI ROI Case Study: Serene Valley 2026–2031
📊 Serene Valley 2 BHK — NRI 5-Year ROI Model (Illustrative)
* Projections are illustrative. Actual returns may vary. Consult a registered investment advisor before investing.
Dombivli East vs Dubai vs Singapore — NRI ROI Comparison
| Metric | Dombivli East (Serene Valley) | Dubai (Comparable) | Singapore (Comparable) |
|---|---|---|---|
| Entry Price (2 BHK) | Rs 75–90L (~USD 90K) | AED 1.5M+ (~USD 408K) | SGD 1.2M+ (~USD 900K) |
| Gross Rental Yield | 4.0–4.5% | 5.5–6.5% | 2.5–3.5% |
| Capital Appreciation CAGR (5yr) | 12–18% | 6–10% | 3–6% |
| Transaction Costs | ~6–7% | ~6% (DLD + agent) | Foreigners 64% ABSD! |
| NRI Repatriation | USD 1M/year (FEMA) | Unrestricted | Complex ABSD recovery |
9. Ultimate NRI Buyer’s Checklist
Before You Book
- Confirm FEMA eligibility (NRI, OCI, or PIO status)
- Verify statutory approval number on statutoryit.maharashtra.gov.in
- Download and review registered AFS template for non-standard clauses
- Check Statutory escrow account is live and funded
- Engage an independent property lawyer (not developer’s lawyer)
- Open NRE and/or NRO account with an RBI-authorised bank in India
- Execute Special Power of Attorney (if not able to travel)
During Purchase
- Remit booking amount from NRE/NRO account (keep SWIFT receipt)
- Register Agreement for Sale at sub-registrar (via PoA holder if needed)
- Obtain home loan pre-approval from NRI banking vertical
- Keep records of all milestone payments with SWIFT receipts
- Track construction progress on Statutory quarterly reports
At Possession
- Verify Occupancy Certificate (OC) is received before paying last instalment
- Register Sale Deed (PoA holder can attend)
- Pay stamp duty (5%) and registration (1%) in Maharashtra
- Collect society share certificate, NOC, and completion certificate
- Open NRO savings account for rental collection (if renting out)
After Possession
- File Indian Income Tax Return (ITR-2) annually for rental income
- Ensure tenant deducts TDS at 30% and deposits Form 16A
- Repatriate net rental income via NRO-to-NRE transfer (Forms 15CA/CB)
- Plan capital gains reinvestment strategy before sale (Sec 54/54EC)
- Review DTAA treaty benefits annually with your CA